People v. Dalton

Appellate Division of the Supreme Court of New York

People v. Dalton

209 A.D.2d 197, 618 N.Y.S.2d 530, 1994 N.Y. App. Div. LEXIS 10803

Appellate Division of the Supreme Court of the State of New York·Decided November 3, 1994·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered February 26, 1992, convicting defendant, after jury trial, of murder in the second degree (depraved indifference) and sentencing him to a term of 9 years to life, to. run consecutively to a sentence of 2Vs to 7 years imposed for a previous conviction of assault in the first degree, unanimously affirmed.

Defendant’s unprovoked firing of a .38 caliber gun at a group of unarmed, retreating youths from the middle of a public thoroughfare was reckless conduct which created a grave risk of death to another person and evinced a depraved indifference to human life. There is no reasonable view of the evidence which would support a finding of reckless manslaughter and the court properly declined to charge a lesser included offense of manslaughter in the second degree (People v Roe, 74 NY2d 20; People v Sullivan, 68 NY2d 495; People v Gomez, 65 NY2d 9; People v Register, 60 NY2d 270).

We have examined defendant’s remaining contention that the prosecutor’s summation deprived him of a fair trial, and find it to be without merit. Concur—Sullivan, J. P., Rosenberger, Ross, Asch and Tom, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered February 26, 1992, convicting defendant, after jury trial, of murder in the second degree (depraved indifference) and sentencing him to a term of 9 years to life, to. run consecutively to a sentence of 2Vs to 7 years imposed for a previous conviction of assault in the first degree, unanimously affirmed.

Defendant’s unprovoked firing of a .38 caliber gun at a group of unarmed, retreating youths from the middle of a public thoroughfare was reckless conduct which created a grave risk of death to another person and evinced a depraved indifference to human life. There is no reasonable view of the evidence which would support a finding of reckless manslaughter and the court properly declined to charge a lesser included offense of manslaughter in the second degree (People v Roe, 74 NY2d 20; People v Sullivan, 68 NY2d 495; People v Gomez, 65 NY2d 9; People v Register, 60 NY2d 270).

We have examined defendant’s remaining contention that the prosecutor’s summation deprived him of a fair trial, and find it to be without merit. Concur—Sullivan, J. P., Rosenberger, Ross, Asch and Tom, JJ.

People v. Dalton, 209 A.D.2d 197, 618 N.Y.S.2d 530, 1994 N.Y. App. Div. LEXIS 10803 (N.Y. Ct. App. 1994).

Pincite

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Opinion

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